Archived
My father died 11 years ago and i am now only being asked to sign an affidavit of heirship is this normal
Charlotte's answer
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Answered on May 12, 2015
In Texas, if a person dies without a will the person's assets pass to a surviving spouse, first and children of deceased if there is no surviving...
Archived
If life ins policy list one child as the benifiary would other siblings have legal right to money
Charlotte's answer
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Answered on May 11, 2015
The proceeds from the insurance policy would go to the person designated as the beneficiary. No one else is entitled to any of the proceeds,...
How to stop funeral arrangements if family can not agree?
Charlotte's answer
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Answered on May 09, 2015
If your uncle did not leave a will or directions regarding his wishes for the disposition of his remains, his next of kin have the right to make...
Archived
Am I eligible to inherit land from my biological grandmother and legal guardian?
Charlotte's answer
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Answered on May 09, 2015
The land would be subject to Texas intestate laws. When a person dies without a will the assets usually go to the children, in equal shares, if...
Archived
What are the steps to preparing to have a will written up? What do I need to decide before making an appointment?
Charlotte's answer
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Answered on May 06, 2015
I always have my clients fill out an estate planning information sheet before our initial consultation. It asks about your family, your assets and...
Archived
My father passed 2 years ago, he left two properties in his name, bank account, and in his 401k I'm the second beneficiary.
Charlotte's answer
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Answered on May 05, 2015
Based on the assets that you have named, it sounds like there is a need to do a determination of heirship instead of an affidavit of heirship. ...
Archived
Ladybird Contract in Texas. Costs? Time? Advice?
Charlotte's answer
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Answered on May 05, 2015
An elder law attorney would be able to advise you if a lady bird deed is the right solution for your son's grandmother. Although all attorneys set...
Archived
Difficult IA probate situation.
Charlotte's answer
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Answered on May 05, 2015
The IA should distribute the estate according the intestate laws. Also, he or she should respond to any reasonable requests for documentation. If...
Archived
I AM A 2ND COUSIN TO SOME PROPERTY THAT MY COUSIN WAS THE OVERSEER FROM OUR GR. GR. GR. GREATFATHER. JUST FOUND OUT ABOUT THIS
Charlotte's answer
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Answered on May 05, 2015
You most likely will need to file an application for a determination of heirship in the county where your great, great, great grandfather lived at...
Archived
My parents created a will with an attorney in 2005 which left everything to me except $5k executor fee to my cousin,
Charlotte's answer
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Answered on May 04, 2015
To successfully contest a will, you would have to show that your mother did not have legal capacity when she executed the will. I agree that...
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